G.Thavamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI G.Thavamani ... Petitioner Vs.

1. The District Collector, Chennai Collectorate, Chennai.

2. G.Senthil

3. Prabu

4. G.Ananth ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to take action against the respondents 2 to 4 under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, by considering the petitioner's representation dated 19.09.2022. For Petitioner :

Mr.V.Sundar Raman For Respondents :

Mr.K.M.D.Muhilan Additional Govt. Pleader for R1

O R D E R

This Writ Petition has been filed for a direction to the first respondent to take action against the respondents 2 to 4 under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, by considering the petitioner's representation dated 19.09.2022.

2. Since no adverse order is going to be passed, notice to the private respondents is dispensed with.

3. The case of the petitioner is that the petitioner is the mother of the private respondents and her husband died in the year 2021 leaving behind the petitioner, her daughter and her sons. The petitioner has purchased a property situated at Old No.89, New No.27, MTH Road, Vardarajapuram, Chennai, measuring an extent of 2620 sq.ft. Further, the respondents 2 to 4 have taken the above mentioned property documents, Aadhar Card, Ration Card, Bank Passbook and they have driven out the petitioner from the house and they demolished her husband's property.

Therefore, the petitioner has made a representation to the first respondent on 19.09.2022 under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, but, the same has not been considered till date. Hence, the petitioner has filed the present Writ Petition with the aforesaid prayer.

4. The learned counsel appearing for the petitioner would submit that though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issue a direction to the first respondent to consider the petitioner's representation dated 19.09.2022 and pass appropriate orders, within a time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the first respondent has no serious objection for such an order being passed by this Court.

6. Heard learned counsel appearing on either side and perused the materials placed before this Court.

7. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to forward the petitioner's representation dated 19.09.2022 to the Competent Authority concerned within a period of two weeks from the date of receipt of a copy of the order. On receipt of such representation, the Competent Authority concerned shall pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of such representation after affording an opportunity of being heard to the private respondents herein.

8. With the above directions, this Writ Petition is disposed of. No costs.

11.04.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To The District Collector, Chennai Collectorate, Chennai.

M.DHANDAPANI,J.

vji 11.04.2023